The central legal point established in the judgment is the application of the Government Letter dated 24.08.2007, its subsequent cancellation, and the non-est nature of the impugned orders based on the cancelled letter.

JUDGMENT

(Prayer: Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned regulation/revision of pay and order of recovery in R.C.No.S2/41661/2017, dated 29.10.2018 and subsequent order of confirmation in Na.Ka.No.S2/47530/2018, dated 26.02.2019 of the fourth respondent and quash the same and further direct the respondents to refix the salary increment right from 01.10.2018 as Rs.54,100/-.)

1. The present Writ Petitions have been filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned regulation/revision of pay and order of recovery in R.C.No.S2/41661/2017, dated 29.10.2018 passed by the fourth respondent and the subsequent order of confirmation in Na.Ka.No.S2/47530/2018, dated 26.02.2019 passed by the fourth respondent and further direct the respondents to refix the salary increment right from 01.10.2018 as Rs.54,100/-.

2. Heard Mr.T.S.Mohamed Mohideen, learned counsel appearing for the petitioners, Mr.N.Muthu Vijayan, learned Special Government Pleader appearing for the respondents 1 to 4, 6 & 7 and Ms.S.Mahalakshmi, learned Standing Counsel appearing for the fifth respondent and perused the materials available on record.

3. The petitioners are working as Special Sub-Inspector of Police (SSI) in Police Department. At the first instance, they were appointed as Grade II Police Constable on 17.11.1988 with a basic pay of Rs.505/-. Later they were promoted as Grade I Police Constable, Head Constable and Special Sub-Inspector of Police on 28.09.1999, 28.10.2004 and 01.12.2013 respectively. The petitioners made representations before the fourth respondent to pay their increment as on 01.10.2018. However, the impugned regulation/revision of pay and order of recovery, dated 29.10.2018, was passed and the subsequent confirmation, dated 26.02.2019 was passed by the fourth respondent.

4. The impugned orders, dated 29.10.2018 and 26.02.2019 are based on a Government Letter in No.39839/Police V / 07-3, dated 24.08.2007, by which, clarification was given by the Department of Home (Police V), Secretariat, Chennai – 9 and the same reads as follows:-

“I am directed to refer to your letter cited wherein it has been requested to clarify as to whether the Police Personnel who are upgraded as Grade I Police Constable may be permitted to exercise their option to fix their pay till the date of accrual of the next increment under FR 22(1) a(i) in the lower rank or whether their pay may be fixed under relevant rules from the date of their actual date of upgradation. In this connection, I am directed to state that Grade II Police Constables who have completed 10 years of service as on 20.10.2004 are deemed to have been upgraded and not promoted with reference to any panel. Therefore, their pay shall be fixed under FR 22-B straightaway on that date itself without getting any option.”

5. The said Government Letter, dated 24.08.2007 has been cancelled on 06.02.2019 by the first respondent vide Letter M.S.No.83, dated 06.02.2019 and the relevant portion of which is extracted as follows:-

“2.I am to state that in your letters cited, it has been stated that the police personnel who were appointed as Grade II Police Constables in the year 1981, 1982, 1984 and 1985 and upgraded as Special Sub Inspector of Police in Thoothukudi have given representations that their Juniors who were appointed as Grade II Police Constables in the year 1986 and upgraded as Special Sub-Inspector of Police are getting more pay than these police personnel and requested for pay rectification, and it is verified that, they are eligible for fixation of pay on par with their Juniors. For the Police Constables who were upgraded in the year 1994, their pay was fixed based on their option in pay fixation. It has also been requested to clarify from which date the clarification given by Government viz, letter dated 24 08.2007 m